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  5. 756 P.2d 637 (1988)
 

ALT v. CITY OF SALEM

TC 147203; CA A37416; SC S34412.

756 P.2d 637 (1988)

306 Or. 80

Robert W. ALT, Petitioner On Review, v. CITY OF SALEM, a Municipal Corporation, and City of Salem Civil Service Commission, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided June 21, 1988.

Reconsideration Denied July 26, 1988.

Attorney(s) appearing for the Case

William G. Paulus, of Garrett, Seideman, Hemann, Robertson & Demuniz, P.C., Salem, argued the cause and filed the petition for petitioner on review.

Paul Lee, Salem, Asst. City Atty., Salem, argued the cause and filed a response to petition for review for respondent on review. With him on the response to the petition was William J. Juza, City Atty., Salem.

CAMPBELL, Justice.

The issue that we decide is whether a writing labeled "MOTION FOR NEW TRIAL (ORCP Rule 64C)" filed in a writ of review proceeding was in fact a motion for a new trial which extended the deadline for filing a notice of appeal. The Court of Appeals held that the writing in question was not a motion for a new trial and dismissed the appeal for lack of a timely notice of appeal. Alt v. City of Salem, 86 Or.App. 627, 740 P.2d 216...

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